I have physical custody of my kids recently. My ex gave me physical custody of the kids with joint custody.I filed for a protection order against my ex wife cause her partner physically abused them and she did nothing about it ever theres police records from when my daughter went to school brused when she had custody of them. Now that its almost tax time she said she is going to get the kids back because I will not let her put the kids on her tax return. She doesnt give me child support cause I have never asked for it. But after I got the restraining order on her she asked for a court hearing I am not sure if the hearing will be to get the protection order off or to get the kids back on her custody (physical). Does anyone have any advice??? Do you think I should really hire an attorney?? And do you think its possible for her to get the kids back????
2007-11-05 04:49:48 · 8 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
If the courts were sensible, of course she wouldn't get custody back. But we know that the courts aren't always sensible. Sad to say, but you need the advise of a good lawyer, one who knows how to advocate for father's rights. While you're at it, demand that she pay some support. The kids can use the money, if not now, then when they go to college. Good luck!
2007-11-05 04:57:45 · answer #1 · answered by colder_in_minnesota 6 · 1⤊ 0⤋
Always hire an attorney. They are worth every penny in cases like this. If you can't afford it, look up your local legal aid society.
Trade emails with her over the subject. Then you will have written proof of her intentions to use the kids as a tax write off.
Anything is possible, so make sure you have all your evidence. Did her partner take anger management classes? If not, your case gets stronger because he is still a risk.
2007-11-05 04:56:05 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Hire a lawyer to be safe.
Gather all ur documentation as to why ur x shouldn't have d kids back.
If you can start some sort of documentation showing that it came from her stating that she wants the kids for tax purposes only, that would be better.
If I were you, I'll demand that she pays support. Then open a bank acct for ur kids and deposit all those child support money in that acct. ask for a direct wage garnishment for the child support so you'll have an assurance that the child support will always be coming.
good luck and i hope all things go well for you and your kids.
2007-11-05 04:57:58 · answer #3 · answered by smith 3 · 1⤊ 0⤋
REALLY...hire an attorney. The judicial system is so backward when it comes to mothers and custody. In fact I am writing a book to help men cope with these injustices. There are so many loop holes and laws to protect women's rights and not enough for men. So women like myself who are married to men who have children from a previous marriage have joined the band wagon to insure equality. We live this injustice daily with our husbands. You have custody now, this is the majority of the battle, however you can still loose custody if you don't find good representation. While you have him stipulate that you want to include them on your taxes, have the judge rule on this...also holidays should be stated that they are alternated and if you want contributions for college have this amended in. Use your head...this is your opportunity.
2007-11-05 05:24:02 · answer #4 · answered by Rein 5 · 1⤊ 0⤋
Get a lawyer involved I think she would be commiting tax fraud
if she is only visiting with the kids you are primary guardian and therefore you are allowed to use them on your tax return. She however is not allowed if she is not helping fund the childrens upbringing whatsoever. I think if you ask a lawyer he will explain to you that she has no case of getting the children back just because of this tax crap.
Best Wishes and May God Bless You.
2007-11-05 05:00:16 · answer #5 · answered by Livinrawguy 7 · 1⤊ 0⤋
Don't take her threats lightly, get an attorney now. If she is still with the guy who abused your kids the attorney will know what to do to stop her from getting the order removed as well as what to do to keep the kids from going back to her.
It's the only safe and smart thing to do.
2007-11-05 05:16:39 · answer #6 · answered by az_mommma 6 · 1⤊ 0⤋
yes u need an attorney as she will probably have one. i would also ask for child support from her. u always want to be prepared for anything. u need to make it known that u believe your kids are in danger, and its good that theres a police report. i am sure she will have many tricks up her sleeve so don't risk loosing your children get the advice of a good attorney.
2007-11-05 04:59:23 · answer #7 · answered by jude 7 · 1⤊ 0⤋
I would get a lawyer just to be on the safe side. It doesn't sound like the courts will be on her side, especially with the police records to back your story, but it would be wise to check with an attorney at least. Best wishes!
2007-11-05 04:55:53 · answer #8 · answered by Farmer Chic 3 · 1⤊ 0⤋